Employee’s home office: perfect for Zoom but not for litigating out-of-state accident

COVID-19 has forced millions of workers to substitute a cubicle and their morning commute for a kitchen table, spotty Wi-Fi, and endless hours in their home. As thought leaders speculate about whether the transition to working from home will survive the pandemic, the Illinois Supreme Court issued an opinion that may affect employers’ decision-making process on the topic. As the following case makes clear, the work-from-home shift raises new questions employers will need to think through.

Are those pajama bottoms?

Sergiu Tabirta was injured while driving a big truck in Ohio after another tractor trailer, driven by James Cummings, collided with his vehicle. Tabirta filed a lawsuit against Cummings and Cummings’ employer, Glister-Mary Lee Corporation (GML), which owned the trailer.

The courthouse where a lawsuit is filed is called the “venue,” and employers must follow certain legal guidelines when selecting a venue. Tabirta chose the trial court located in Cook County, Illinois, as the venue for the lawsuit.

GML asked the trial court to move the lawsuit to a different venue, stating Tabirta hadn’t followed the rules. Illinois law says every lawsuit must be filed in either:

• The county of residence of any defending party that is sued in good faith; or
• The county in which the transaction or some part thereof occurred out of which the claim arose.

A corporate defendant is a “resident of any county in which it has its registered office or other office or is doing business.”

Yep, they sure are